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(영문) 서울북부지방법원 2016.09.30 2015노2116
모욕
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which held that the offense of insult is established only on the part of the police officer's statement even though police officers expressed desire to restrain the defendant in the course of arresting the defendant, was erroneous in the misapprehension of facts or in the violation of the rules of evidence.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. The evidence duly adopted through the examination of evidence as to the assertion of the violation of the rules of evidence by mistake of facts or by lawfully examining the evidence, and comprehensively taking account of the victim C and D’s written statements, the Defendant’s written statement, and the Defendant’s written statement at the court below, etc., the victim C and D, the police officer dispatched after receiving a report that the Defendant was faced with the riot, could sufficiently recognize the victim’s desire and insult as stated in the facts charged.

We do not accept the defendant's factual misunderstanding or the defendant's assertion of violation of the law.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's argument of sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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